VEERESH B.M. Vs. HEMALATHA A.M.S.

JUDGEMENT

(1.) THOUGH this matter is posted for orders, by consent of learned counsel for the parties, it is taken up for final hearing, heard and disposed of by this order.

(2.) THE petitioner filed an application under Section 13(1)(ia) of the Hindu Marriage Act, seeking dissolution of his marriage with the respondent in MAT No. 19/2013 on the file of the Civil Judge (Sr. Dn.), Bellary. In the said case, the respondent was placed ex -parte on 09.04.2013. Therefore, she filed an application under Order -9 Rule 7 of C.P.C., to recall the said order and to permit her to contest the matter. The Court below has allowed the said application by order at Annexure -J dated 22.4.2013. The petitioner has called in question the validity of the said order in this writ petition.

(3.) IN the affidavit filed in support of the application., petitioner has categorically stated that she was residing with her parents at Bangalore. The petition was filed in the Court of I Addl. Civil Judge, at Bellary. She was not keeping well. Therefore, she could not travel from Bangalore to Bellary on that day and attend the Court.